Notice of Pre-AIA or AIA Status
0. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
1. Applicant’s arguments, see "Remarks", page 7, filed April 13, 2026, with respect to the objections to the specification and rejections of claims 8 and 18 under 35 U.S.C. 112 have been fully considered and are persuasive. The specification objection and above claim rejections under 35 U.S.C. §112 of January 13, 2026 have been withdrawn.
2. Applicant's arguments with respect to the claim rejections of claims 1-7, 9-17, and 19-20 under 35 U.S.C. §102 and §103 have been fully considered but they are not persuasive.
In response to applicant's argument that LaMantia (US 20160356889 A1 - cited in prior PTO-892) in view of Woo (KR 102004261 B1; provided in IDS filed February 29, 2024) is non-analogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Woo teaches a safety device for aerial work platforms {para. [0001]} that uses a laser layout device {safety device using a laser line system and laser line system, described at least in paras. [0013]-[0015]}.
In regard to Applicant's argument that a person having skill in the art would not be motivated to modify LaMantia to include the vehicle and moving platform of Woo, Examiner respectfully disagrees. Applicant describes that Woo relates to an invention for preventing stenosis accidents of a high place worktable (page 8 para. 3 - page 9 para. 1), and Applicant recites "using the device of LaMantia as modified by Woo would require people to lean over the edge of the elevated platform of Woo, such as to move the vehicle closer to the marked location on the ground to align the downward-pointing laser with those locations" (page 9, para. 2). Examiner would bring Applicant's attention to Ref U (YouTube video entitled "Scissor Lift Operator Training With ANSI 92.22-2018 Requirements" by user "@xosafety6628"). Ref U shows that an operator can operate an aerial lift of the type disclosed by Woo {namely, having a platform that vertically actuates above a base between an extended position and a retracted position such that said platform is further above said base in said extended position compared to said retracted position, see [22:27]} along a ground surface without leaning over the edge of the basket {see [20:51]}. As Woo is generally related to safety devices and systems to avoid accidents as the operator adjusts the platform in the vertical direction {paras. [0004]-[0008]}, the combination of Woo with LaMantia would not require an operator to "lean over the elevated platform" to operate the vehicle across a ground surface {Ref U, [20:51]}, nor would an operator "lean over the elevated platform" to raise the elevated platform, {Ref U, [22:27]}, and thus Woo does not teach away from the modification with LaMantia.
As Applicant has amended claims 1 and 11 to generally include the claim limitations of now-cancelled claim 5, a new ground of rejection for claims 1-4, 7, and 9-14 are below, and the 35 U.S.C. §103 rejection(s) of claims 6, 15-17, and 19-20 stand.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
3. Claims 1-4, 6-7, 9-17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over LaMantia in view of Woo.
In regard to claim 1, LaMantia teaches a laser layout system {measuring system 101/201/301/401 - para. [0088] describes that any combination of the embodiments may be used} comprising: a first device [measuring device 100/200/300/400/500/600] comprising a laser generation device [laser unit 212/312, lasers 406/510] and a camera [camera, camera 210], the laser generation device configured to emit a first laser beam downward at a lower surface and a second laser beam upward at an upper surface {Fig. 3 shows an embodiment where laser unit 312 can emit lasers anywhere from vertically downward to vertically upward, as described in para. [0052]; Fig. 4 shows an embodiment where lasers are emitted vertically (408B) and respectively downward (408C), as described in paras. [0055]-[0056]}; a second device [user device 102/202/302/402] comprising a display screen [Fig. 1 shows display 104]and a receiver {para. [0038] describes transceiver 214 coupled to 202 to receive information from device 200}, the receiver configured to receive a signal from the first device that is representative of an image captured by the camera {para. [0074] describes that the user may receive image data based on camera 210, as does para. [0026]}, the display screen configured to display the image captured by the camera in response to receiving the signal {shown in Fig. 1, described in para. [0026]}; and a first coupling mechanism configured to couple the first device {para. [0065] describes magnets 512 used to adhere the measuring device to a surface}.
LaMantia does not teach coupling the measuring device to a base of a moveable vehicle, the moveable vehicle comprising a base and a vertically actuating platform between extended and retracted positions, such that the platform is further above the base in the extended position compared to the retracted position.
However, Woo also teaches a first device [safety laser device 100], as well as attaching that device to a base [chassis] of a moveable vehicle {aerial work platform, paras. [0044] and [0059] describe mounting the laser device to the chassis}, the moveable vehicle comprising the base [chassis] and a platform [aerial platform] that vertically actuates above the base between an extended position and a retracted position [shown in Figs. 1 (retracted) and 11 (extended)], wherein the platform is further above the base in the extended position compared to the retracted position [shown in Figs. 1 (retracted) and 11 (extended)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined LaMantia’s laser layout system and mounting method with Woo’s safety device on an aerial work platform chassis in order to better provide stability to a measuring device as taught by LaMantia {para. [0065]} and in order to more easily adjust a laser generation device without separately moving a safety device or an aerial platform as described by Woo {para. [0044]}.
In regard to claims 2-4, LaMantia further teaches:
[claim 2] that the image captured by the camera comprises the first laser beam intersecting the lower surface {paras. [0026]-[0029] describe the reference points 108A and 108B shown on the display 104 [shown in Fig. 1] being representative of endpoints of lasers, the adjustments of said locations to any target in the world - as the reference points can be moved anywhere, it is conceivable that the user could move either reference point 108A/B to be lower in the image; further, Fig. 6A shows laser light 602A corresponding to a lower location 604A than laser light 602C corresponding to a upper location 604C};
[claim 3] that the first laser beam produces a first line on the lower surface when the first laser beam intersects the lower surface {as described in paras. [0064]-[0067], laser light 510A emits laser light 602A to intersect lower location 604A}; and
[claim 4] that the second laser beam produces a second line on the upper surface when the second laser beam intersects the upper surface {as described in paras. [0064]-[0067], laser light 510C emits laser light 602C to intersect upper location 604C}.
In regard to claim 6, LaMantia teaches a second coupling mechanism to couple the second device {user device dock 304/404 that may include a base mount 312/412 to couple the user device dock to a base, as described in paras. [0050]-[0054]}.
LaMantia does not teach that the second coupling mechanism couples the second device to the platform of the moveable vehicle.
However, Woo also teaches a second device [wireless control device 300] that is coupled to the platform of the moveable vehicle {para. [0055] describes that the wireless control device 300 including an imaging device mounted to the aerial work platform and a user terminal that is connected to the imaging device, para. [0054] describes the user terminal installed on the aerial work platform itself}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined LaMantia’s coupling mechanism of a second device with Woo’s second device mounted to a platform of an aerial work platform in order to better mount a second device such that it does not need to be held by a user as taught by LaMantia {para. [0051]}, as well as in order to better increase the safety of a user on a platform during operation, as described by Woo
{para. [0057]}.
In regard to claims 7 and 9-10, LaMantia further teaches
[claim 7] that the receiver receives the signal wirelessly {wireless transmission described in at least paras. [0038] and [0057]};
[claim 9] that the first device is configured to adjust an aim of the first laser beam in response to the first device receiving a second signal from the second device {para. [0027] describes the measurement device 100 adjusting at least one laser in response to a user modifying the location of a first reference point 108A via the user device, thus a second signal different than the first signal of a camera image}; and
[claim 10] that the first device is configured to adjust an aim of the second laser beam in response to the first device receiving a third signal from the second device {para. [0027] describes the measurement device 100 adjusting at least one laser in response to a user modifying the location of a second reference point 108B via the user device, thus a third signal different than the first signal of a camera image and a second signal of a movement of a fist reference point 108A}.
In regard to claim 11, LaMantia teaches a laser layout system {measuring system 101/201/301/401 - para. [0088] describes that any combination of the embodiments may be used} comprising: a first device [measuring device 100/200/300/400/500/600] comprising a laser generation device [laser unit 212/312, lasers 406/510] and a camera [camera, camera 210], the laser generation device configured to emit a first laser beam downward at a lower surface and a second laser beam upward at an upper surface {Fig. 3 shows an embodiment where laser unit 312 can emit lasers anywhere from vertically downward to vertically upward, as described in para. [0052]; Fig. 4 shows an embodiment where lasers are emitted vertically (408B) and respectively downward (408C), as described in paras. [0055]-[0056]}, the camera configured to capture an image of the first laser beam intersecting the lower surface {paras. [0026]-[0029] describe the reference points 108A and 108B shown on the display 104 [shown in Fig. 1] being representative of endpoints of lasers, the adjustments of said locations to any target in the world - as the reference points can be moved anywhere, it is conceivable that the user could move either reference point 108A/B to be lower in the image; further, Fig. 6A shows laser light 602A corresponding to a lower location 604A than laser light 602C corresponding to a upper location 604C}; a second device [user device 102/202/302/402] configured to wirelessly {wireless transmission described in at least paras. [0038] and [0057]} send a signal to the first device to adjust the first laser beam, wherein the first device is configured to adjust the aim of the first laser beam in response to the first device receiving the signal {para. [0027] describes the measurement device 100 adjusting at least one laser in response to a user modifying the location of a first reference point 108A via the user device}; and a first coupling mechanism configured to couple the first device {para. [0065] describes magnets 512 used to adhere the measuring device to a surface}.
LaMantia does not teach coupling the measuring device to a moveable vehicle, the moveable vehicle comprising a base and a vertically actuating platform between extended and retracted positions, such that the platform is further above the base in the extended position compared to the retracted position.
However, Woo also teaches a first device [safety laser device 100], as well as attaching that device to a base [chassis] of a moveable vehicle {aerial work platform, paras. [0044] and [0059] describe mounting the laser device to the chassis}, the moveable vehicle comprising the base [chassis] and a platform [aerial platform] that vertically actuates above the base between an extended position and a retracted position [shown in Figs. 1 (retracted) and 11 (extended)], wherein the platform is further above the base in the extended position compared to the retracted position [shown in Figs. 1 (retracted) and 11 (extended)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined LaMantia’s laser layout system and mounting method with Woo’s safety device on an aerial work platform chassis in order to better provide stability to a measuring device as taught by LaMantia {para. [0065]} and in order to more easily adjust a laser generation device without separately moving a safety device or an aerial platform as described by Woo {para. [0044]}.
In regard to claims 12-14, LaMantia further teaches:
[claim 12] that the first laser beam produces a first line on the lower surface when the first laser beam intersects the lower surface {as described in paras. [0064]-[0067], laser light 510A emits laser light 602A to intersect lower location 604A}, and wherein the second laser beam produces a second line on the upper surface when the second laser beam intersects the upper surface {as described in paras. [0064]-[0067], laser light 510C emits laser light 602C to intersect upper location 604C};
[claim 13] that the first device is configured to adjust the aim of the first laser beam in response to the first device receiving a second signal from the second device {para. [0027] describes the measurement device 100 adjusting at least one laser in response to a user modifying the location of a first reference point 108A via the user device, para. [0028] describes a plurality of locations that the reference point 108A could be moved to, indicating that the user could move the first reference point 108A at least a first and a second time, thus a second signal different than the first signal responding to the first movement of reference point 108A}; and
[claim 14] that the first device is configured to adjust the aim of the second laser beam in response to the first device receiving a third signal from the second device {para. [0027] describes the measurement device 100 adjusting at least one laser in response to a user modifying the location of a second reference point 108B via the user device, thus a third signal different than that of the first and second signals related to movement of reference point 108A}.
In regard to claim 15, LaMantia teaches a laser layout system {measuring system 101/201/301/401 - para. [0088] describes that any combination of the embodiments may be used} comprising: a first device coupled to a surface {para. [0065] describes magnets 512 used to adhere the measuring device to a surface}, the first device comprising a laser generation device [measuring device 100/200/300/400/500/600] configured to emit a first laser beam downward and a second laser beam upward {Fig. 3 shows an embodiment where laser unit 312 can emit lasers anywhere from vertically downward to vertically upward, as described in para. [0052]; Fig. 4 shows an embodiment where lasers are emitted vertically (408B) and respectively downward (408C), as described in paras. [0055]-[0056]}; and a second device [user device 102/202/302/402] communicably connected with the first device {para. [0038] describes transceiver 214 coupled to 202 to receive information from device 200}, the second device coupled to a surface {user device dock 304/404 that may include a base mount 312/412 to couple the user device dock to a base, as described in paras. [0050]-[0054]}.
LaMantia does not teach a moveable vehicle comprising a base and a platform that vertically actuates above the base between an extended position and a retracted position, wherein the platform is further above the base in the extended position compared to the retracted position; wherein the first device is coupled to the base of the moveable vehicle; or wherein the second device is coupled to the platform of the moveable vehicle.
However, Woo also teaches a first [safety laser device 100] and second device [wireless control device 300], as well as a moveable vehicle [aerial work platform] comprising a base [chassis] and a platform [aerial platform] that vertically actuates above the base between an extended position and a retracted position [shown in Figs. 1 (retracted) and 11 (extended)], wherein the platform is further above the base in the extended position compared to the retracted position [shown in Figs. 1 (retracted) and 11 (extended)], as well as that the first device is coupled to the base {paras. [0044] and [0059] describe mounting the laser device to the chassis}, and that the second device is coupled to the platform {para. [0055] describes that the wireless control device 300 including an imaging device mounted to the aerial work platform and a user terminal that is connected to the imaging device, para. [0054] describes the user terminal installed on the aerial work platform itself}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined LaMantia’s laser layout system with Woo’s devices coupled to a base and platform of an aerial work platform in order better provide stability to a measuring device as taught by LaMantia {para. [0065]}, in order to better mount a second device such that it does not need to be held by a user as taught by LaMantia {para. [0051]}, in order to more easily adjust a laser generation device without separately moving a safety device or an aerial platform as described by Woo {para. [0044]}, and in order to better increase the safety of a user on a platform during operation, as described by Woo {para. [0057]}.
In regard to claims 16-17 and 19-20, LaMantia further teaches:
[claim 16] that the first device comprising a camera [camera, camera 210] and the second device comprising a display screen [Fig. 1 shows display 104] and a receiver {para. [0038] describes transceiver 214 coupled to 202 to receive information from device 200}, the receiver configured to receive a signal from the first device that is representative of an image captured by the camera, the display screen configured to display the image captured by the camera in response to receiving the signal {para. [0074] describes that the user may receive image data based on camera 210, as does para. [0026]}, wherein the image captured by the camera comprises the first laser beam intersecting a lower surface below the base {paras. [0026]-[0029] describe the reference points 108A and 108B shown on the display 104 [shown in Fig. 1] being representative of endpoints of lasers, the adjustments of said locations to any target in the world - as the reference points can be moved anywhere, it is conceivable that the user could move either reference point 108A/B to be lower in the image; further, Fig. 6A shows laser light 602A corresponding to a lower location 604A than laser light 602C corresponding to a upper location 604C};
[claim 17] that the receiver receives the signal wirelessly {wireless transmission described in at least paras. [0038] and [0057]};
[claim 19] that the first device is configured to adjust the aim of the first laser beam in response to the first device receiving a second signal from the second device {para. [0027] describes the measurement device 100 adjusting at least one laser in response to a user modifying the location of a first reference point 108A via the user device, thus a second signal different than the first signal of a camera image}; and
[claim 20] that the second device comprises a rotatable control [thumb wheel 508] that causes the second device to emit the second signal when the rotatable control is rotated, thereby causing the first device to adjust the aim of the first laser beam {para. [0063] describes a user turning thumb wheel 508 to adjust the aim of laser beams}.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL QUINN whose telephone number is (571)272-2690. The examiner can normally be reached T-R 07:00-19:00, F 07:00-11:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOHN BREENE can be reached at (571)272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL M QUINN/Examiner, Art Unit 2855
/JOHN E BREENE/Supervisory Patent Examiner, Art Unit 2855
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